high fence

high fence

Postby annette123 » Wed Oct 29, 2014 6:00 pm

Hello,
Any help and advice would be greatly appreciated.

I back onto a school and footballs are continually coming into my small garden. One recently hit my daughter (who is two). I have spoken to the headteacher and she has said I can put up a high fence to prevent balls coming in. Stopping the kids playing is not an option. Nor can they play anywhere else. The goal is directly behind my garden.

I've read that I need planning permission but currently there is a minimum 14 week wait for anything to pass and it would cost me nearly £200. The saftey of my children is more important and I need to sort something out now!

What would you do if you were in my situation?
Thank
Annette
annette123
 
Posts: 5
Joined: Sun Oct 26, 2014 8:25 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: high fence

Postby stufe35 » Wed Oct 29, 2014 6:33 pm

Put up a temporary solution such as debris netting above the existing fence, until your permanent fence is approved.

Or just put up the new fence, if no one complains you don't need planning, if they do apply retrospectively.

Or puncture every ball before you hand it back....they will soon run out of balls and come up with their own solution at their own expense. :lol: A sharp prick with a bradawl then hand back very apologetically saying it landed in your rose bush !
stufe35
 
Posts: 781
Joined: Mon Nov 05, 2012 4:06 pm

Re: high fence

Postby MacadamB53 » Wed Oct 29, 2014 6:53 pm

Hi Annette,

What would you do if you were in my situation?

I'd erect a couple of tall posts and string some netting between them - job done.

if you're not the only proper backing onto the school then join forces and help fund a fence for the school...

Kind regards, Mac
MacadamB53
 
Posts: 6029
Joined: Mon Dec 10, 2012 12:13 am

Re: high fence

Postby appledore » Wed Oct 29, 2014 7:20 pm

annette123 wrote:What would you do if you were in my situation?
Thank
Annette


I'd move.
Keep calm and carry on.
appledore
 
Posts: 2879
Joined: Wed Apr 12, 2006 3:50 pm

Re: high fence

Postby jonahinoz » Thu Oct 30, 2014 8:03 am

What would you do if you were in my situation?

Hi Annette,

I would send the Headmaster a letter, stating that your daughter has been hit by a football, and ask him to take steps to prevent it happening again. Copy it to the local education authority, your councillor, and anybody else you can think of. Ask for details of their insurers, and send them a copy. Make sure that they cannot deny being aware of the problem. If it then happens again, then somebody has been negligent.

I read somewhere, a long time ago, that if a ball comes into your garden, you have two options. Either return the ball, or, let it lie where it is. Picking it up, and keeping it counts as theft, or something. Piercing the ball would, I think, count as criminal damage. However, if it landed in a bucket of anti-vandal paint that happened to be standing on your lawn ...

Er, if a ball flies over the fence, into your garden, how do you know it belongs to the snotty-nosed urchin who is asking for it back. Sorry, I'm stereotyping.

Hmm! Kick your old unwanted ball over the fence. Phone the headmaster, ask him to throw it back. :roll: If you own the fence, place a packet of fags on top of it, for your convernience, you understand. :twisted:

John W
jonahinoz
 
Posts: 1346
Joined: Fri Aug 05, 2011 5:15 pm

Re: high fence

Postby Roblewis » Thu Oct 30, 2014 3:16 pm

Sorry but it is entirely foreseeable that balls will come over the average fence when a school has goal posts immediately behind it. The school does not have the right to a second chance. Simply say in writing to the school head either a) Erect a fence or nets to stop stray balls or b) Stop ball games in the vicinity of the fence or c) Face a lawsuit for negligence in the injury of your child, you do not yet know if the shock has caused long term psychological harm. They have a specific duty under The Health and Safety at Work Act section 3 wrt the conduct of their business not to cause harm to persons not in their employ. It is actually a criminal offence so just remind the head that there is a probable crime. The enforcing authority is the Health and Safety Executive - not the police, look them up in the local phone book. Strictly I suspect they have not reported this event either which is potentially a second criminal offence.

I have absolutely NO sympathy with the school in this situation.
Roblewis
 
Posts: 1764
Joined: Mon Jan 24, 2011 12:41 pm

Re: high fence

Postby annette123 » Thu Oct 30, 2014 5:29 pm

I do agree with you.

When I have taken it up with the school they have said because the ball that hit my child would out of time times ie 3:30pm then it is not their responsibility. It is down to the parents.

I need to do something now and willing to pay for it as my child's safety is more important that waiting for a load of council people to discuss what they are going to do.
annette123
 
Posts: 5
Joined: Sun Oct 26, 2014 8:25 pm

Re: high fence

Postby jonahinoz » Thu Oct 30, 2014 5:52 pm

then it is not their responsibility. It is down to the parents.

Hi,

It seems that schools have the choice of whether to invoke "Loco Parentis" (???) if it suits them.

My headmaster told us that he had authority over us from the time we left school, until we reached home ... so woe betide any of us not wearing our school caps, all the way home. When we reached 5th form, we were officially exempted from wearing caps, and could spend lunch hour in the classroom. That was 1955/56.

John W
jonahinoz
 
Posts: 1346
Joined: Fri Aug 05, 2011 5:15 pm

Re: high fence

Postby MacadamB53 » Thu Oct 30, 2014 7:29 pm

Hi John W,

My headmaster told us that he had authority over us from the time we left school, until we reached home ... so woe betide any of us not wearing our school caps, all the way home.

you might be pleased to know this crap still goes on - my local comp (sorry, "academy") issued a letter to parents this year making the exact same point re blazers.

AFAIK it is, of course, nonsense - just a valiant attempt on the school's part to minimise the number of complaints/calls from folk about "their" kids misbehaving (probably made by an older generation who swallowed it as fact when they were kids).

Kind regards, Mac
MacadamB53
 
Posts: 6029
Joined: Mon Dec 10, 2012 12:13 am

Re: high fence

Postby stufe35 » Thu Oct 30, 2014 8:48 pm

[quote][/When I have taken it up with the school they have said because the ball that hit my child would out of time times ie 3:30pm then it is not their responsibility. It is down to the parents.quote]

I would suggest the school are allowing children on there premises out of hours....they are responsible for things happening on their property. .?
stufe35
 
Posts: 781
Joined: Mon Nov 05, 2012 4:06 pm

Re: high fence

Postby arsie » Thu Oct 30, 2014 10:22 pm

Keep their balls safe. If they ask for them back say, prove ownership - receipt, pic, description. They will get the message.
arsie
 
Posts: 1955
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: high fence

Postby Roblewis » Fri Oct 31, 2014 10:58 am

Get heavy with them - if they do not stop the children playing on the premises out of hours they are still responsible much as they do not like it - it is called Occupiers Liability Insurance and again it is mandatory to have this. Ask for their Insurance details and at the same time notify the HSE that your child has been hit by a ball kicked over your fence from the neighbouring school. Let them sort it out on their side but you must now make a formal compensation claim against the school and its staff.
Roblewis
 
Posts: 1764
Joined: Mon Jan 24, 2011 12:41 pm

Re: high fence

Postby MacadamB53 » Fri Oct 31, 2014 11:33 am

Hi Rob,

I thought Occupiers Liability covers incidents on the property involving visitors to the property in question, not incidents caused elsewhere by visitors to the property in question - have I got that all wrong?

Kind regards, Mac
MacadamB53
 
Posts: 6029
Joined: Mon Dec 10, 2012 12:13 am

Re: high fence

Postby Roblewis » Sat Nov 01, 2014 1:19 pm

Mac

The small print normally includes effects of the premises business on the neighbours. In any case either OL or PL insurance will cover the situation and both are mandatory for any employer. If this is a LA governed school the path should be to the LA direct, if self governed it is to the Head and the Chair of Governors. Either way the school are permitting the use of their premises both in and out of hours for the playing of ball games. The OP certainly seems to know of no attempt by the school to stop out of hours use thus the school has to be deemed compliant in the games. This puts the children playing out of hours into the category of lawful visitors and thus their actions are part of the business of the occupier.

I actually dislike intensely the attitude of many schools to both H&S and Equality Act legislation. They seem somehow they think they are exempt because of who and what they are. They were a pain in my life many times in my active professional career.
Roblewis
 
Posts: 1764
Joined: Mon Jan 24, 2011 12:41 pm

Re: high fence

Postby jonahinoz » Sun Nov 02, 2014 8:33 am

I actually dislike intensely the attitude of many schools to both H&S and Equality Act legislation. They seem somehow they think they are exempt because of who and what they are.

Hi,

You have to admire this headmaster for leading by example, and preparing the kids for life/survival in the real world. :roll:

602
jonahinoz
 
Posts: 1346
Joined: Fri Aug 05, 2011 5:15 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Fences

Who is online

Users browsing this forum: No registered users and 2 guests